. >> reporter: today, on capitol hill, members of the house energy and commerce committee had their first chance to question the f.d.a. lawmakers wanted to know how the f.d.a. knew of problems at the pharmacy as early as 2002 but took no action. the agency later issued a warning letter in 2006 but again no tougher action was taken, either. >> after a tragedy like this, the first question we all ask is: could this have been prevented? after an examination of the documents produced by the massachusetts board of pharmacy and the f.d.a., the answer here appears to be yes. >> repoer: some eerts contend the f.d.a. already has the authority to regulate large compounding pharmacies. but in her first public remarks today, f.d.a. commissioner dr. peggy hamburg said her agency needs more power. dr. hamburg proposed a two-tier system where smaller, more traditional pharmacies are regulated by the state. larger pharmacies of all kinds would be overseen by the f.d.a. >> the fact that we have unclear, miteand contested authorities and ambiguities in the law, and a crazy quilt of legal authority has requ